Chapter9 Definitions

"Accessory" or "Attachment" means a part, sub-assembly or assembly that contributes to the efficiency or effectiveness of a piece of equipment without changing its basic functions.

9.3

"Act" means the Foreign Trade (Development and Regulation) Act, 1992 (No.22 of 1992).

9.4

9.5

"Actual User (Industrial)" means a person who utilises the imported goods for manufacturing in his own industrial unit or manufacturing for his own use in another unit including a jobbing unit.

9.6

(i)	any commercial establishment carrying on any business, trade or profession; or
(ii)	any laboratory, Scientific or Research and Development (R&D) institution, university or other educational institution or hospital; or
(iii)	any service industry.

9.7

"AEZ" means Agricultural Export Zones notified by DGFT in Appendix 15 of Handbook (Vol 1).

9.8

"ALC" means the Advance Licensing Committee in the Directorate General of Foreign Trade for recommending grant of licences under Duty Exemption Scheme and for recommending Input Output norms and value addition norms to be notified by Director General of Foreign Trade.

9.9

"Applicant" means the person on whose behalf the application is made and shall, wherever the context so requires, include the person signing the application.

9.10

"BOA" means the Board of Approval as notified by the Department of Commerce

9.11

"BTP" means Biotechnology Park as notified by Director General of Foreign Trade on the recommendation of the Department of Biotechnology

9.12

"Capital Goods" means any plant, machinery, equipment or accessories required for manufacture or production, either directly or indirectly, of goods or for rendering services, including those required for replacement, modernisation, technological upgradation or expansion. Capital goods also include packaging machinery and equipment, refractories for initial lining, refrigeration equipment, power generating sets, machine tools, catalysts for initial charge, equipment and instruments for testing, research and development, quality and pollution control. Capital goods may be for use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry, sericulture and viticulture as well as for use in the services sector.

9.13

"Competent Authority" means an authority competent to exercise any power or to discharge any duty or function under the Act or the Rules and Orders made thereunder or under this Policy.

9.14

"Component" means one of the parts of a sub-assembly or assembly of which a manufactured product is made up and into which it may be resolved. A component includes an accessory or attachment to the component.

9.15

"Consumables" means any item, which participates in or is required for a manufacturing process, but does not necessarily form part of the end-product. Items, which are substantially or totally consumed during a manufacturing process will be deemed to be consumables.

9.16

"Consumer Goods" means any consumption goods, which can directly satisfy human needs without further processing and includes consumer durables and accessories thereof.

9.17

"Counter Trade" means any arrangement under which exports/imports from/to India are balanced either by direct imports/exports from the importing/exporting country or through a third country under a Trade Agreement or otherwise. Exports/Imports under Counter Trade may be carried out through Escrow Account, Buy Back arrangements, Barter trade or any similar arrangement. The balancing of exports and imports could wholly or partly be in cash, goods and/or services.

9.18

"Developer" means a person or body of persons, company, firm and such other private or government undertaking, who develops, builds, designs , organises, promotes, finances, operates, maintain or manages a part or whole of the infrastructure and other facilities in the Special Economic Zones as approved by the Central Government.

9.19

"Development Commissioner" means the Development Commissioner of the Special Economic Zone.

9.20

"DFRC" means Duty Free Replenishment Certificate.

9.21

"Domestic Tariff Area" means area within India which is outside the Special Economic Zones and EOU/ EHTP/ STP/BTP.

9.22

"Drawback, " in relation to any goods manufactured in India and exported, means the rebate of duty chargeable on any imported material or excisable material used in the manufacture of such goods in India. The goods include imported spares, if supplied with capital goods manufactured in India.

9.23

"EHTP " means Electronic Hardware Technology Park.

9.24

"EOU" means Export Oriented Unit for which an LOP has been issued by the Development Commissioner.

9.25

"Excisable goods" means any goods produced or manufactured in India and subject to a duty of excise under the Central Excise and Salt Act 1944 (1 of 1944).

9.26

"Exporter" means a person who exports or intends to export and holds an Importer-Exporter Code number unless otherwise specifically exempted.

9.27

"Export Obligation" means the obligation to export the product or products covered by the licence or permission in terms of quantity, value or both, as may be prescribed or specified by the licensing or competent authority.

9.28

Group Company" means two or more enterprises which, directly or indirectly, are in a position to —